When an Applicant’s Portfolio is determined to be a Category 4, they are expected to propose terms and conditions, specific to their compliance history, to demonstrate how they plan to mitigate ongoing noncompliance. The Department has received feedback that crafting the terms and conditions is challenging.

What are some terms and conditions that the Department could include as examples of what may be acceptable?

The Department should review what has been acceptable over the previous round, identify what they were intended to fix, and make that available to the public.

Additionally, the Department needs to allow partnerships to identify items that are specific to their own shortcomings and not expect everyone in a deal (even those who may not have had any of the issues) to have to mitigate those issue.

For example: If a nonprofit has a perfect record for accessibility issues, but their partner had a problem that has been identified. The partner with the issue should have to be the one to mitigate the issue...not the partner who never had an issue with this.

We ask that policies that have already been implemented to prevent the compliance findings from happening in the future be deemed as acceptable "Terms and Conditions". Regardless of us adjusting our policies and procedures to ensure no future duplicate findings of the same nature, it seems we are given "punishment" that does not and will not change the outcome better than the changes already implemented internally - yet it seems some new condition must be applied regardless.

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